5D04-1838 David Gervin v.State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-1838

Case Date: 02/06/2006

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006

DAVID LEON GERVIN, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 10, 2006 Appeal from the Circuit Court for Volusia County, R. Michael Hutcheson, Judge. James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee. PALMER, J. David Leon Gervin (defendant) appeals his judgment and sentence which were entered by the trial court after a jury found him guilty of committing the crime of driving under the influence of alcohol or controlled substances and inflicting serious bodily injury. 1 Meaningful appellate review of this matter is not possible because the trial transcript is incomplete and, since this error was not caused by the defendant, we are constrained to reverse the defendant's judgment and sentence and remand this matter to the trial court for a new trial. Case No. 5D04-1838

1

See

Download 5D04-1838 David Gervin v.State.pdf